Establishing the obvious inadmissibility of evidence due to its improper source of origin

The article conducts a scientific study of the main grounds for recognizing evidence as obviously inadmissible due to an improper source of its origin. At the current stage of development of criminal procedural legislation, the institution of obviously inadmissibility of evidence is at the stage of its formation and practical consolidation. The provisions of Part 2 of Article 89 of the Code of Criminal Procedure of Ukraine stipulate that if the obvious inadmissibility of evidence is established during the trial, the court shall declare this evidence inadmissible, which entails the impossibility of examining such evidence or the termination of its examination in the court session, if such examination has been initiated. It is hard to imagine, but this institution was enshrined in national legislation only in 2012, with the entry into force of the current Criminal Procedure Code of Ukraine, and its implementation is aimed at establishing all the principles of criminal proceedings, and most of all, the rule of law, legality, adversarial nature, and reasonable deadlines. However, the main goal of introducing this institution has not yet been fully realized. In particular, the definition of the concept of «obvious inadmissibility of evidence» has not been established at this time and the grounds that would give the parties to criminal proceedings the right to file a motion to declare certain evidence obviously inadmissible during the trial have not been determined. Special attention is paid to the definition of the concept and justification of the general grounds for recognizing evidence as manifestly inadmissible due to an improper source of its origin. According to the CPC of Ukraine, sources of evidence include testimony, material evidence, documents and expert opinions. A parallel is drawn between the grounds for declaring evidence inadmissible and manifestly inadmissible. The main criterion for determining the manifest inadmissibility of evidence is its receipt with a significant violation of the rights and fundamental freedoms of a person and citizen. The result of the work is the formulation of the concept of «recognition of obvious inadmissibility of evidence» and the identification of those grounds that enable the court to recognize specific evidence as obvious inadmissible.